SC declares Triple Talaq unconstitutional, violates Article 14 & 21

Supreme Court strikes down Triple Talaq under Muslim Law

This summer, the honourable Supreme Court heard the case of the government against the practice of Triple Talaq or Talaq-e-Biddat, over 6 days. The verdict was reserved, and today at last it has been delivered. The five judge bench struck down the practice by a 3:2 verdict, declaring it unconstitutional.

Source : legodesk.com

A quick look into what Triple Talaq is:

One of the many forms of divorce under Muslim Law is Talaq-e-Biddat. A Muslim man may divorce his wife by uttering the word ‘Talaq’ thrice in a row. It is irreversible and considered sinful under Muslim law, however, is permitted. In India, personal laws, pertaining to one’s religion are distinct, not uniform and governed under individual Legislation.

In 2016, the court decided to launch an inquiry into Islamic Laws for marriage and inheritance.

How it all started:

In 2015, Shayra Bano challenged the practice of Triple Talaq before the Supreme Court. Her husband had divorced her in 2015, while she was visiting her parents’ house, by writing her a letter with the word ‘Talaq’ written on it thrice.

A five judge multi-faith bench was constitute to hear the case on primarily Triple Talaq and polygamy.

In it’s arguments, the Center had said that it would come out with a separate law to regulate marriage and divorce under Muslim Law if ‘triple talaq’ was held as invalid.

What the Court said:

The practice will not be operational for 6 months.

“This is a sensitive case where sentiments are involved. We are directing the Union of India to consider appropriate legislation in this regard,” Justice JS Khehar, the Chief Justice of India has said.

Justice Nariman and Justice Lalit have set it aside on the grounds of being unconstitutional, violative of Article 14 and 21. Justice Joseph has set it aside, terming it to be anti teachings of the Quran.

Now, it’s up to the Center to deliver upon its word. It must now give justice and equality to thousands of Muslim women.